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Company: Restricting hours would be 'deal-breaker' in move to Ashby

By Katina Caraganis , kcaraganis@sentinelandenterprise.com

Updated:
12/06/2012 07:18:10 AM EST

ASHBY -- Officials from a Fitchburg-based company looking to relocate their business to Ashby told selectmen Wednesday that if the firm's hours of operation are restricted when granted a license to operate, they would withdraw the application.

Performance Transportation Inc., a transportation company operating on Lunenburg Street in Fitchburg, is in the process of purchasing 101 acres of property in town currently owned by JC Madigan.

Residents whose property abuts the land have raised concerns about the business moving into town, especially due to the potential noise its trucks may make. The business operates around the clock.

Performance Transportation has been in business since 1989 and primarily transports gasoline to customers throughout New England. Its owners would house 10,000 gallons of fuel on site to fuel trucks in their fleet, which would pick up the fuel and transport it to customers elsewhere.

The business is allowed by use under the current zoning bylaw, but because flammable or combustible liquids (gas) would be stored on the property, it must get a license from selectmen.

Selectman Mike McCallum drew up a draft on conditions to potentially impose on business owners, including restricting when the business could operate because neighbors said they were not keen on the idea of traffic and noise around the clock.

Tim Madigan, owner of the property, requested the public hearing remain open for at least another week so he could bring his personal lawyer in to weigh in on the matter.

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"When we were in there, we were in there at all hours of the night. These limitations were not given to us. They're running a taxi service basically. They're transporting fuel from one place to another," he said.

Selectmen Chairman Peter McMurray offered to not restrict hours of operation to begin with but instead have them reviewed every six months to ensure neighbors are not bothered.

Attorney Peter Campobasso of Leominster, who is representing business owners Julie and Zach Taylor, said that would not work because it wouldn't make sense to move the facility to Ashby only to have to move again in six months.

"A restriction on hours of operation is a deal-breaker," Campobasso said. "My client has been in business for quite some time and he hasn't had problems at his current location."

Residents also expressed concern about the possibility of a fuel leak, which could contaminate surrounding properties. A previous business in town had an underground gas-tank leak that was discovered in 1984 and the gas got into wells. To this day, water at various locations is still being monitored.

The Taylors said the amount of time they have to spend annually to renew their licenses to operate their business, register their trucks, and make sure they are in compliance with every state requirement is great, but acknowledged there is always a chance for something to go wrong.

They have never had a leak to date, according to Julie Taylor, and said that because the tank is above-ground, any potential leak would be noticed much quicker than if it were underground.

McCallum said he would be in touch with the town's attorney to further discuss the legality of certain restrictions, but he said he still has some reservations about the project.

"It's not a question of whether this is legal or not. What we're allowed to do is issue conditions that would make it acceptable in the community," he said. "We're not obligated to make a business profitable. That's great if you can make that possible but it's not our responsibility to ensure that."

McMurray said he was hopeful a deal could be made between both sides.

"There is going to be some tuck and pull here. We don't want to see the property vacant," McMurray said. "Trucks can run on Route 31 at any time. The truck is the loudest part of this whole operation."

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